Wolfe v. Wolfe

By JUDGE PAUL D. BROWN

The issue is whether a surviving Defendant in a divorce may be heard on a Motion to Set Aside the Decree of Divorce if otherwise timely made.

The facts are not in dispute that this Court entered a Decree of Divorce on an Amended Bill of Martin E. Wolfe on the ground that the parties had lived separate and apart, without cohabitation and without interruption for a period in excess of two years. The period was found to have commenced in September of 1969; the final decree was entered February 21, 1973. Six days later on February 27, 1973, the Complainant and Cross Defendant…